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Capitol Notes
WI: Weekly Political and Legislative Update
TO: Clients/Friends of Capitol Consultants, Inc./Wimmer & Company, S.C.

FROM:  Capitol Consultants, Inc.
              & Wimmer Company, S.C.

DATE:  February 25, 2011

SUBJECT:  Budget Repair Bill Causes Uproar in State Capitol

In This Issue
Wide-Sweeping Budget Repair Bill Introduced
State Capitol in Uproar
Special Elections Called for Vacant Assembly Seats
Legislative Calendar Next Week

Wide-Sweeping Budget Repair Bill Introduced 

 

The Governor's budget repair bill was introduced to address the state's current approximate $165 million shortfall in the current biennium, which ends on June 30, 2011. The bill includes several provisions such as gaining concessions from state employees to pay a 5.8 percent contribution to their pensions and 12.6% of their health care premiums t help offset the budget shortfall.  

 

The bill also includes provisions that makes various changes to limit collective bargaining for most public employees to wages.  For example, total wage increases could not exceed a cap based on the CPI unless approved by referendum. Contracts would be limited to one year and wages would be frozen until a new contract is settled. Collective bargaining units are required to take annual votes to maintain certification as a union. Employers would be prohibited from collecting union dues and members of collective bargaining units would not be required to pay dues. Changes effective upon expiration of existing contracts. Law enforcement, fire employees and state troopers and inspectors would be exempt from the changes (www.thewheelerreport.com).

 

The collective bargaining changes combined with the state employee wage and pension concessions are necessary, according to the Governor, to help the state get its budget future stabilized as it heads into the next biennium, which starts on July 1, 2011.  

 

Currently, the state is facing a $3.6 billion shortfall heading into next biennium.  


According to the Wheeler Report, the budget repair bill also includes:

 

Employee Compensation
  • PENSION CONTRIBUTIONS. Require that employees of WRS employers and the City and County of Milwaukee contribute 50% of the annual pension payment. The payment amount for WRS employees is estimated to be 5.8% of salary in 2011.
  • HEALTH INSURANCE CONTRIBUTIONS. Requires state employees to pay at least 12.6% of the average cost of annual premiums. Require changes to the plan design necessary to reduce current premiums by 5%. Local employers participating in the Public Employers Group Health Insurance plan would be prohibited from paying more than 88% of the lowest cost plan. The bill authorizes the DETF to use $28 million of excess balances in reserve accounts for health insurance and pharmacy benefits to reduce health insurance premium costs.
  • HEALTH INSURANCE COST CONTAINMENT. Directs the DETF and Group Insurance Board to implement health risk assessments and similar programs aimed at participant wellness, collect certain data related to assessing health care provider quality and effectiveness and verify the status of dependents participating in the state health insurance program. Modifies membership of the Group Insurance Board to require the representative of the Attorney General be an attorney.
  • PENSION CHANGES FOR ELECTED OFFICIALS AND APPOINTEES. Modifies the pension calculation for elected officials and appointees to be the same as general occupation employees and teachers.
  • MODIFICATIONS TO WRS AND STATE HEALTH INSURANCE PLANS. Directs DOA, Office of State Employment Relations and DETF to study and report on possible changes to the WRS, including defined contribution plans and longer vesting periods.
  • GENERAL FUND IMPACT. Authorize the DOA Secretary to lapse or transfer form GPR and PR appropriations, excluding PR appropriations to the UW, to the general fund estimated savings of about $30 million from implementing these provisions.

State and Local Government and School District Labor Relations

  • COLLECTIVE BARGAINING. Make various changes to limit collective bargaining for most public employees to wages. Total wage increases could not exceed a cap based on the CPI unless approved by referendum. Contracts would be limited to one year and wages would be frozen until a new contract is settled. Collective bargaining units are required to take annual votes to maintain certification as a union. Employers would be prohibited from collecting union dues and members of collective bargaining units would not be required to pay dues. Changes effective upon expiration of existing contracts. Law enforcement, fire employees and state troopers and inspectors would be exempt from the changes.
  • CAREER EXECUTIVE TRANSFERS. Allow state employees in the career executive positions to be reassigned between agencies upon agreement of agency heads.
  • LIMITED TERM EMPLOYEES. Prohibit LTEs from being eligible for health insurance or participation in the WRS.
  • STATE EMPLOYEE ABSENCES AND OTHER WORK ACTIONS. Authorizes appointing agencies to terminate any employees that are absent for three days without approval of the employer or any employees participating in
  • an organized action to stop or slow work if the governor has declared a state of emergency.
  • QUALITY HEALTH CARE AUTHORITY. Repeals the authority of home health care workers under the Medicaid program to collectively bargain.
  • CHILD CARE LABOR RELATIONS. Repeals the authority of family child care workers to collectively bargain with the state.
  • UW HOSPITALS AND CLINICS BOARD AND AUTHORITY. Repeals collective bargaining for UWHC employees. State positions currently employed by the UWHC are eliminated and incumbents are transferred to the UWHC Authority.
  • UW FACULTY AND ACADEMIC STAFF. Repeals authority of UW faculty and academic staff to collectively bargain.
Debt Restructuring
The bill authorizes restructuring of principal payments in FY201011 on the state's GO bonds.

The provision reduces debt service costs by $165 million.

Medicaid
  • ADDRESS FY11 MEDICAID DEFICIT. Increase Medicaid GPR appropriation to cover estimated $153 million deficit.
  • AUTHORIZE DHS TO RESTRUCTURE PROGRAM NOTWITHSTANDING CURRENT LAW. Authorizes DHS to make program changes, nothwithstanding limits in state law, related to specific provisions.
  • TECHNICAL CORRECTION. Repeals a provision in Act 28 requiring unused GPR expenditure authority in the Medicaid GPR appropriation at the end of the year to be carried over to the subsequent biennium.
  • AGING AND DISABILITY RESOURCE CENTERS. Transfers an estimated $3 million in savings in the appropriation to Medicaid.

Corrections

  • Provides $22 million to address shortfalls in the Dept of Corrections adult institutions appropriation.

TANF  

  • Allocates $37 million of excess TANF revenues to increase TANF funding for the EITC from $6.6 million to
  • $43.6 million in FY2010-11. GPR TANF funding is decreased by a similar amount.

Income Augmentation Revenues

  • Allow the Dept of Children and Families and DHS to utilize $6 million of already identified income augmentation revenues to meet FY 2010-11 lapse requirements.
Act 28 Required Lapses by DOA Secretary

Act 28 required a lapse or transfer of $680 million in 2009-11 from appropriations made to executive branch agencies to the General Fund. This bill would reduce the amount by $79 million to ensure the lapses can be met in the next five months.

Lapse of Funding from JFC Appropriation

The JFC appropriation includes $4.5 million related to estimated fiscal year 2010-11 implementation of Act 100, OWI enforcement changes. Funding is not anticipated to be needed in FY2010-11 and the bill lapses that amount to the General Fund.

Sale of State Heating Plants

Authorizes DOA to sell state heating plants, with the net proceeds deposited in the budget stabilization fund.

Shift Key Cabinet Agency Positions to Unclassified Status

Creates unclassified positions for chief legal counsel, public information officer and legislative liaison activities in cabinet agencies. An equivalent number of classified positions are deleted to offset the new unclassified positions.
State Capitol in Uproar

Since the introduction of the Budget Repair Bill on Friday, February 11, the State Capitol has been in uproar over the bill's provision to curtail the collective bargaining rights for public employee unions. Wisconsin has made national news over the tens of thousand of protesters who have come in opposition or support of bill in order to be heard at the State Capitol. Several leading cable news organizations and prominent national political leaders have commented and even come to Wisconsin to opine on the impacts Governor's bill.

As a result of the collective bargaining provisions of the bill, the fourteen State Senate Democrats have been absent from the state for the past nine days holding up in undisclosed locations in Illinois. The Democratic Senators have been absent in order to prevent the Republican-led Senate from gaining a quorum of 20 Senators, which is necessary to debate a fiscal-related bill. As a result of the 14 Democrats' absence, the Governor has not been able to act on the bill.  Currently, the make up of the State Senate is 19 Republicans and 14 Democrats.

As of this writing, it is unclear when or if the 14 Senators will return from Illinois in the near future.

The State Assembly this week spent nearly 60 consecutive hours debating nearly 100 amendments to the budget repair bill. The Republican-led Assembly finally passed the bill early Friday morning by a 51-17 vote.

To view a copy of the final roll call vote on the budget repair bill, click here:
http://legis.wisconsin.gov/2011/data/votes/av0177.pdf

After the Assembly passed the bill, the GOP-led Senate met this morning to engross the Assembly-passed version of the budget repair bill to a point where the bill is now unable to be amended by Senate Democrats. However, due to the quorum of 20 Senators requirement, the bill is not able to be voted on until or if the State Senate Democrats return.

Lastly, as of this writing, Capitol protests continue and it is unclear how long the legislative standoff will continue over the budget repair bill.


Special Elections Called for Vacant Assembly Seats 

 

This week, Governor Walker has called special elections to fill Assembly vacancies created by the appointment of three Republican members to Administration posts. The elections are for successors for Rep. Mark Gottlieb, District 60; Scott Gunderson, District 83; and, Michael Huebsch, District 94. Gottlieb is now the DOT Secretary; Gunderson is executive assistant at DNR; and, Huebsch is DOA Secretary.

 

The special election schedule is:

  • Nomination papers may be circulated from now until 5 pm, March 8.
  • If a primary is necessary, it will be held on April 5.
  • The General Election for those three districts will be May 3.

Legislative Calendar Next Week  

 

The legislative calendar for next week is still influx somewhat due to the tenuous nature of the status of the budget repair bill and whether or not the 14 Democratic State Senators will return from Illinois.

 

Also, as of this writing, Governor Walker is still expected to deliver his 2011-13 Budget Address on Tuesday, March 1, which is a week later than when it was originally schedule for on Tuesday, February 22. 

 

Here is the list of Committees that are scheduled for next week:

Feb 28   Mon  Transportation and Elections   (Senate)
9:30 AM   
Senate Parlor
Items: Gottlieb, Mark  
Mar 1   Tue  Natural Resources and Environment   (Senate)
9:30 AM   
Senate Parlor, State Capitol, Madison, WI
Items: Stepp, Cathy  
Mar 1   Tue  Administrative Rules   (Joint) (Executive Session)
10:30 AM   
328 Northwest
Items: PSC 128 (CR 10-057)  
Mar 1   Tue  Forestry   (Assembly)
11:00 AM   
400 Northeast
Items: Discussion Issue: Division of Forestry's Strategic Direction; Discussion Issue: Wisconsin Forest Health Protection Annual Report 2010  
Mar 1   Tue  Workforce Development, Small Business, and Tourism   (Senate)
11:00 AM   
300 Southeast
Items: Klett, Stephanie; Perez, Manuel; Senate Bill 12  
Mar 1   Tue  Workforce Development, Small Business, and Tourism   (Senate) (Executive Session)
11:01 AM   
300 Southeast
Items: Klett, Stephanie; Perez, Manuel  
Mar 2   Wed  Natural Resources   (Assembly)
9:30 AM   
417 North (GAR Hall)
Items: Clearinghouse Rule 10-114; Clearinghouse Rule 10-115; Clearinghouse Rule 10-118; Clearinghouse Rule 10-123  
Mar 2   Wed  Nanotechnology   (Legislative Council)
10:00 AM   
LC Conference Room, One East Main St., Suite 401
Items: (None)
Overview: Discussion and possible votes on: o WLC: 0037/2, relating to establishing a nanotechnology information hub and a nanotechnology council. o WLC: 0101/1, relating to a Wisconsin interagency nanotechnology council. o Draft letter to the Wisconsin Congressional Delegation and federal agency heads regarding nanotechnology programs.